Legal Question in Bankruptcy in Georgia

my husband and i are divorcing. if i quitclaimed property when i first got married to my husband but refinanced the home loan alone and have since filed bankruptcy and was faced with possible foreclosure again but found someone to helo with this situation. As far as the property does he still have a stake in it?


Asked on 11/14/12, 3:24 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no possible way to answer. No one here has the deeds. Your post also does not make sense as you start by saying you deeded the property to your husband. We also don't know what happened in your bankruptcy case, or what you mean by someone "helping" with the foreclosure.

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Answered on 11/14/12, 3:29 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

With the facts as you stated them, it sounds like it probably is marital property meaning it could possibly be divided in a divorce.

Since you're in a divorce with a home, obviously you HAVE to have a lawyer. The lawyer will look at all the details and papers and help determine how to address this.

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Answered on 11/14/12, 7:07 am
Deborah Reece Reece Law Firm, LLC

Since you are married the house will likely be considered marital property so more likely than not he does have a "stake in it". How the property will be divided will be one of the many decisions that has to be made during the divorce.

Refinancing the mortgage or filing for bankruptcy does not transfer title of the property back to you. You would have to do another quit claim deed. Even if he quit claim the property back to you, it may still be considered marital property and he may be entitled to "a piece" of it.

I hope this answers your question.

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Answered on 11/17/12, 2:46 pm


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